Mason v. Heirs of Russell
Texas Supreme Court
Appeal from Shelby County. This was a suit brought by the appellees against the appellant at the spring term, 1841, to recover a tract of land a title to which was issued by George Antonio Nixon, commissioner of Zavalla’s colony, to Wm. Defee, on the 13th February, 1835, and claimed by the ap-pellees under a regular chain of transfer from said Defee.
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Appeal from Shelby County. This was a suit brought by the appellees against the appellant at the spring term, 1841, to recover a tract of land a title to which was issued by George Antonio Nixon, commissioner of Zavalla’s colony, to Wm. Defee, on the 13th February, 1835, and claimed by the ap-pellees under a regular chain of transfer from said Defee. The defendant claimed title by actual settlement on the land in question in 1831, and under a survey, including his improvements made in January 1838, by virtue of a headright certificate issued to him by the board of land commissioners of Sabine…
1Opinion of the CourtLipscomb, J.
The appellees brought their suit against the appellant to recover land, and obtained a verdict and judgment from which an appeal was taken to this court.
There was a motion for a new trial on several grounds stated. The motion does not appear to have been acted on by the court below. The appellant contends, and we think justly, that as the motion was not granted, it was overruled by the operation of law. It is not, however, important, to the interest of the parties, as the most important points will arise on the face of the record. We shall consider, however, the motion for a new trial as…
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